TINKU GUPTA vs NARENDER KUMAR GUPTA

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th May, 2025 + CM(M) 189/2025 TINKU GUPTA .....Petitioner Through: Mr. Aman Batra, Advocate. (through V.C.) versus NARENDER KUMAR GUPTA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 189/2025 & CM APPL. 30359/2025 (early hearing) 1. Petitioner is defending a suit which is summary in nature and while deciding the application seeking leave to defend filed by the defendant, the learned Trial Court directed him to deposit 25% of the amount within one month. 2. The defendant did not take any step to deposit the abovesaid amount for a period of around four months and during further pendency of the suit, he moved an application before the learned Trial Court under Section 151 CPC, mentioning therein that he did not have any regular source of income. Learned Trial Court, however, granted him one month’s more time to deposit the amount and also burdened him with cost of Rs.10,000/-. 3. The defendant has now challenged the earlier order dated 06.08.2024 whereby the abovesaid conditional leave to defend was granted to him. 4. After hearing arguments for some time, learned counsel for the petitioner (defendant before the learned Trial Court), without prejudice to his rights and contentions, does not press the present petition. He, however, Signature Not Verified Digitally Signed CM(M) 189/2025 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 10:51:24 submits that keeping in mind the financial condition of the petitioner/defendant, the cost, which had been imposed upon the defendant by the learned Trial Court on 04.12.2024, may be waived and some time be granted to comply with the directions in question. 5. None appears from the side of respondent/plaintiff, despite ad